Surrogates’ Bill of Rights – part of New York’s comprehensive new parentage law legalizing gestational surrogacy – provides that anyone acting as a gestational surrogate in New York State has the right to:
- Make health and welfare decisions regarding herself and her pregnancy.
The right to make health and welfare decisions, including whether to: consent to a cesarean section or multiple embryo transfer; utilize the services of a health care practitioner of her choosing; terminate or continue the pregnancy; and reduce or retain the number of fetuses she is carrying.
- Independent legal counsel.
The right to be represented throughout the contractual process and the duration of the surrogacy agreement and its execution by independent legal counsel of her own choosing who is licensed to practice law in New York, to be paid for by the intended parents.
- Health insurance and medical costs.
The right to have a comprehensive health insurance policy that covers preconception care, prenatal care, major medical treatments, hospitalization and behavioral health care throughout the expected pregnancy and for twelve months after the birth of the child, to be paid for by the intended parents.
The right to obtain a comprehensive health insurance policy that covers behavioral health care and will cover the cost of psychological counseling to address issues resulting from participation in a surrogacy, to be paid for by the intended parents.
- Life insurance.
The right to be provided a life insurance policy that takes effect prior to medication or treatment for the embryo transfer, with a minimum benefit of $750,000, extending throughout the pregnancy and for twelve months after the birth of the child, to be paid for by the intended parents.
- Termination of surrogacy agreement.
The right to terminate a surrogacy agreement prior to becoming pregnant.